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STATE v. NERO

No. A-32 September Term 2007

949 A.2d 832 (2008)

195 N.J. 397

STATE of New Jersey, Plaintiff-Appellant, v. Kenneth NERO, Defendant-Respondent.

Supreme Court of New Jersey.

Decided June 30, 2008.

Attorney(s) appearing for the Case

Steven E. Braun, Chief Assistant Prosecutor, argued the cause for appellant (James F. Avigliano, Passaic County Prosecutor, attorney).

Stephen W. Kirsch, Assistant Deputy Public Defender, argued the cause for respondent (Yvonne Smith Segars, Public Defender, attorney).

Joie D. Piderit, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Anne Milgram, Attorney General, attorney).

Justice RIVERA-SOTO delivered the opinion of the Court.

The robbery statute provides in part that "[r]obbery is a crime of the second degree, except that it is a crime of the first degree if in the course of committing the theft the actor . . . threatens the immediate use of a deadly weapon." N.J.S.A. 2C:15-1(b). The simulated use of a deadly weapon also "can provide a sufficient factual basis for conviction of first-degree robbery" when there is "[a]n unequivocal...

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